This determination is the Local Government Elected Members Determination 2008.

This determination comes into force, in respect of each of the local authorities and community boards specified in the Schedule, on the day on which the successful candidates in the 2007 local body elections come into office under section 115 of the Local Electoral Act 2001.

This determination expires on the close of 30 June 2008.

In this determination, unless the context otherwise requires,—

(1) Subject to the other provisions of this determination, the remuneration, expenses, and allowances payable to the elected members of a district council, city council, or community board are—

• (a) those set out in the Schedule; and

• (b) actual and reasonable expenses and allowances as outlined in council policy and as formally approved by the Remuneration Authority, but subject to the provisions of this determination; and

• (c) resource consent hearing fees payable in accordance with this determination.

(2) However, the mayor of a district council or city council must not be paid resource consent hearing fees or meeting fees unless the payment is first approved by the Remuneration Authority.

(3) A member of a community board is not entitled to be paid a meeting fee, other than—

• (a) a resource consent hearing fee; or

• (b) a meeting fee paid in accordance with the rules of the relevant council that have been approved by the Remuneration Authority.

(1) In this determination, resource consent hearing means—

• (a) a hearing arising from a resource consent application under section 88 of the Resource Management Act 1991; or

• (b) a hearing arising from a notice of requirement given under section 168 of the Resource Management Act 1991; or

• (c) a formal pre-hearing meeting held referred to as a preliminary step before a hearing referred to in paragraph (a) or (b); or

• (d) a hearing relating to a private change in a district or regional plan or policy statement initiated under clause 21 of Schedule 1 of the Resource Management Act 1991; or

• (e) a mediation hearing in the Environment Court as part of an appeal from a decision of a local authority; or

• (f) a hearing on an objection against a charge fixed by the local authority under section 36 of the Resource Management Act 1991.

(2) In this determination, resource consent hearing does not include—

• (a) a hearing of submissions as part of the process of preparation of a district or regional plan or policy statement; or

• (b) a hearing relating to a change or variation in a district or regional plan or policy statement initiated by the local authority; or

• (c) a hearing relating to a notice of requirement initiated by the local authority; or

• (d) any other hearing not specified in subclause (1).

(1) In this determination, hearing time—

• (a) means the time spent by a member in hearing a resource consent hearing; and

• (b) includes time spent by a member—

  • (i) in formal committee deliberations; and

  • (ii) at a formal pre-hearing meeting under section 99 of the Resource Management Act 1991; and

  • (iii) at a formal site inspection as part of a group inspection or as part of a pre-hearing meeting; and

  • (iv) in determining a notified resource consent application where a formal hearing does not take place.

(2) In this determination, hearing time does not include time spent by a member—

• (a) in preparing for a resource consent hearing; or

• (b) in inspecting a site, except where subclause (1)(b)(iii) applies.

(1) Subject to clause 9, a member who acts as the chairperson of a resource consent hearing is entitled to be paid a fee of $85 per hour of hearing time.

(2) A member who is not the chairperson of a resource consent hearing is entitled to be paid a fee of $68 per hour of hearing time.

(3) For any period of hearing time of less than 1 hour, the fee must be apportioned accordingly.

A resource consent hearing fee for a formal pre-hearing meeting held as a preliminary step before a resource consent hearing may be paid only to 1 member.

A local authority may reimburse expenses in accordance with its expenses rules to the following persons:

• (a) its members; and

• (b) the members of community boards situated within its district.

A local authority must allow a member of the public, during the hours that the local authority is open to the public, to inspect a copy of its expenses rules for that local authority or its community boards.

A local authority may pay allowances in accordance with rules approved by the Remuneration Authority to the following persons:

• (a) its members; and

• (b) the members of community boards situated within its district.

(1) A local authority may pay a vehicle mileage allowance in accordance with this clause to the following persons if they are not otherwise provided with a vehicle by the local authority:

• (a) its members; and

• (b) the members of community boards situated within its district.

(2) The local authority may pay a vehicle mileage allowance for travel by the member, including travel to and from the member’s residence, if the travel is—

• (a) in his or her own vehicle; and

• (b) on the local authority’s business; and

• (c) by the most direct route reasonable in the circumstances.

(3) The maximum amount of the allowance is $0.70 per kilometre.

(1) The remuneration, expenses, and allowances payable to the members of a district council, city council, or community board under this determination are payable on and from the dates specified in the Schedule.

(2) Between the commencement of this determination and the dates on which remuneration, expenses, and allowances are payable under this determination, members of a district council, city council, or community board must be paid remuneration, expenses, and allowances as if this determination had not yet come into force.

This determination amends the Local Government Elected Members (Interim) Determination 2007 to the extent that this determination supersedes that determination.